Paper: GS – II, Subject: Polity, Topic: Elections and RPA, Issue: Model Code of Conduct (MCC).
Context:
The Model Code of Conduct (MCC) plays a crucial role in ensuring free and fair elections in India by guiding the behavior of political parties and candidates during election periods.
Key Highlights:
Model Code of Conduct:
- The Model Code of Conduct (MCC) is a set of rules established by the Election Commission to regulate the behaviour of political parties and candidates during the election period.
- Objectives: To keep the campaigning, polling and counting process transparent, peaceful and orderly
- To check any abuse or misuse of state finances and machinery by the party in power
- To ensure that electoral offences, malpractices, and corrupt practices are prevented by all means.
- Duration: The Model Code of Conduct is enforced from the date of announcement of the election schedule by the Election Commission of India and is operational till the process of elections is completed.
- This includes the counting process and result declaration.
- The Election Commissioners themselves declare the completion of the MCC.
- Scope: During general elections to the Lok Sabha, the code is applicable throughout the country.
- Entire State: During general elections to the state’s Legislative Assembly, the code applies to the entire State.
- Specific constituency: During bye-elections, the Model Code of Conduct would only apply to the concerned Constituency area.
- Enforceability: The MCC is not a statutory document; it is only a guiding principle.
- However, certain provisions can be implemented by invoking other legal provisions like the Indian Penal Code of 1860 and the Representation of the People Act of 1951.
Violations of the MCC:
- Despite its intent, the MCC is often violated, with politicians finding ways to circumvent its provisions, especially regarding the announcement of projects or distribution of grants.
The Case of Mukhyamantri Mahila Rojgar Yojana (MMRY)
- The recent launch of the Mukhyamantri Mahila Rojgar Yojana (MMRY) in Bihar in August 2025 serves as a prime example.
The Debate on Making the MCC Legally Binding:
- In 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice recommended making the MCC legally binding.
- However, the Election Commission of India (EC) is not in favor of this, as judicial proceedings take longer, while elections need to be completed within a relatively short period of around 45 days.
Criticism of the Election Commission:
- The EC has faced criticism for allegedly turning a blind eye to blatant violations of the MCC.
- However, given the ingenuity of political leaders in finding ways to circumvent election laws, even the sincerest attempts to curb such practices may prove futile.
Conclusion:
However, its voluntary nature and common violations reduce its effectiveness. Balancing enforceability with ethical conduct is difficult. Reforming or easing MCC rules on government schemes could allow greater focus on preventing clear campaign abuses and better maintain election fairness.
https://www.thehindu.com/opinion/op-ed/the-malleable-code-of-conduct/article70244260.ece
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